Federal Court of Australia
JUDGMENT No. 2827 BR um
CATCHWORDS
BROADCASTING - decision of area served by licensee - competing applicants - relevance of public interest.
ADMINISTRATIVE LAW - criteria for exercise of discretion - implicit that public interest be considered - abuse of power constituted by inconsistent application of guideline.
Administrative Decisions (Judicial Review) Act 1977, 3.5(2)(#) Broadcasting Act 1942, ss.80(1), 85(4)
Sunshine Coast Broadcasters Limited
v. The Honourable Peter Duncan, Minister for Land Transport and Infrastructure Support & Anor
Qld G4 of 1988
PINCUS J. BRISBANE
8 JULY 1988
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G4 of 1988 GENERAL DIVISION ) BETWEEN: SUNSHINE COAST BROADCASTERS LIMITED
Applicant
AND: THE HONOURABLE PETER DUNCAN, MINISTER FOR LAND
TRANSPORT AND INFRASTRUCTURE SUPPORT
First Respondent AND: THE AUSTRALIAN BROADCASTING TRIBUNAL
Second Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS Jd. DATE OF ORDER: 8 JULY 1988 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1.
paragraph 1 of the application be amended by replacing "Section 985(5) of the Broadcasting Act 1942" by "Section 85(4) of the Broadcasting Act 1942";
the decision of the first respondent made on 15 December 1987, the subject of this application, be set aside;
the matter to which the decision relates be referred back to the first respondent for further consideration;
the first respondent pay the applicant's costs of and incidental to the application to be taxed.
Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G4 of 1988 GENERAL DIVISION ) BETWEEN: SUNSHINE COAST BROADCASTERS LIMITED
Applicant
AND: THE HONOURABLE PETER DUNCAN, MINISTER FOR LAND TRANSPORT AND INFRASTRUCTURE SUPPORT
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